Regular Session 2021-2022 House Bill 1819 P.N. 2315

PRIOR PRINTER'S NOS. 2063, 2204, 2244

PRINTER'S NO. 2315

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1819

Session of

2021

INTRODUCED BY LABS, R. BROWN, GROVE, HAMM, MENTZER, MILLARD,

MOUL, POLINCHOCK, ROAE, RYAN, SCHROEDER, STAATS, STAMBAUGH,

THOMAS, TOMLINSON, TOPPER, ZIMMERMAN, MERCURI, JONES, FARRY,

COX AND ROWE, AUGUST 31, 2021

AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, OCTOBER 26, 2021

AN ACT

Amending the act of December 5, 1936 (2nd Sp.Sess., 1937

P.L.2897, No.1), entitled "An act establishing a system of

unemployment compensation to be administered by the

Department of Labor and Industry and its existing and newly

created agencies with personnel (with certain exceptions)

selected on a civil service basis; requiring employers to

keep records and make reports, and certain employers to pay

contributions based on payrolls to provide moneys for the

payment of compensation to certain unemployed persons;

providing procedure and administrative details for the

determination, payment and collection of such contributions

and the payment of such compensation; providing for

cooperation with the Federal Government and its agencies;

creating certain special funds in the custody of the State

Treasurer; and prescribing penalties," in compensation,

further providing for qualifications required to secure

compensation INELIGIBILITY FOR COMPENSATION.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 401(b)(1)(iii) 402(A) of the act of

December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as

the Unemployment Compensation Law, is amended to read:

Section 401. Qualifications Required to Secure

Compensation.--Compensation shall be payable to any employe who

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is or becomes unemployed, and who--

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(b) (1) Is making an active search for suitable employment.

The requirements for "active search" shall be established by the

department and shall include, at a minimum, all of the

following:

* * *

(iii) Applying for positions that offer employment and wages

similar to those the claimant had prior to his unemployment and

which are within a forty-five (45) minute commuting distance.

The following apply:

(A) A claimant shall make a good-faith effort to obtain

employment in suitable work. A claimant who has applied for a

position may not take any action to unreasonably discourage the

claimant's own hire in suitable work , including any of the

following:

(I) Refusing to attend or failing to participate , without

good cause, in a job interview or other applicant selection

activity offered by the employer.

(II) Refusing employment or a referral for employment,

without good cause, prior to an interview or a discussion of the

details of a job with the employer.

(B) Within 90 days of the effective date of this

subparagraph, the department shall create forms or update

existing forms to enable employers to report claimants who

discourage their own hire, as provided in this subclause. The

forms shall include notice of the provisions of section 802.

own hire in suitable work shall be considered to have refused an

offer of work for purposes of section 402(a).

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* * *

SECTION 402. INELIGIBILITY FOR COMPENSATION.--AN EMPLOYE

SHALL BE INELIGIBLE FOR COMPENSATION FOR ANY WEEK--

(A) IN WHICH HIS UNEMPLOYMENT IS DUE TO FAILURE, WITHOUT

GOOD CAUSE, EITHER TO APPLY FOR SUITABLE WORK AT SUCH TIME AND

IN SUCH MANNER AS THE DEPARTMENT MAY PRESCRIBE, OR TO ACCEPT

SUITABLE WORK WHEN OFFERED TO HIM BY THE EMPLOYMENT OFFICE OR BY

ANY EMPLOYER, IRRESPECTIVE OF WHETHER OR NOT SUCH WORK IS IN

"EMPLOYMENT" AS DEFINED IN THIS ACT: PROVIDED, THAT SUCH

EMPLOYER NOTIFIES THE EMPLOYMENT OFFICE OF SUCH OFFER WITHIN

SEVEN (7) DAYS AFTER THE MAKING THEREOF; HOWEVER THIS SUBSECTION

SHALL NOT CAUSE A DISQUALIFICATION OF A WAITING WEEK OR BENEFITS

UNDER THE FOLLOWING CIRCUMSTANCES: WHEN WORK IS OFFERED BY HIS

EMPLOYER AND HE IS NOT REQUIRED TO ACCEPT THE OFFER PURSUANT TO

THE TERMS OF THE LABOR-MANAGEMENT CONTRACT OR AGREEMENT, OR

PURSUANT TO AN ESTABLISHED EMPLOYER PLAN, PROGRAM OR POLICY:

PROVIDED FURTHER, THAT A CLAIMANT SHALL NOT BE DISQUALIFIED FOR

REFUSING SUITABLE WORK WHEN HE IS IN TRAINING APPROVED UNDER

SECTION 236(A)(1) OF THE TRADE ACT OF 1974[.]: PROVIDED FURTHER,

THAT THE FOLLOWING APPLY:

(1) A CLAIMANT SHALL MAKE A GOOD-FAITH EFFORT TO OBTAIN

EMPLOYMENT IN SUITABLE WORK. A CLAIMANT WHO HAS APPLIED FOR A

POSITION MAY NOT TAKE ANY ACTION TO UNREASONABLY DISCOURAGE THE

CLAIMANT'S OWN HIRE IN SUITABLE WORK , INCLUDING ANY OF THE

FOLLOWING:

(I) REFUSING TO ATTEND OR FAILING TO PARTICIPATE , WITHOUT

GOOD CAUSE, IN A JOB INTERVIEW OR OTHER APPLICANT SELECTION

ACTIVITY OFFERED BY THE EMPLOYER.

(II) REFUSING EMPLOYMENT OR A REFERRAL FOR EMPLOYMENT,

WITHOUT GOOD CAUSE, PRIOR TO AN INTERVIEW OR A DISCUSSION OF THE

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DETAILS OF A JOB WITH THE EMPLOYER.

(2) WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH,

THE DEPARTMENT SHALL CREATE FORMS OR UPDATE EXISTING FORMS TO

ENABLE EMPLOYERS TO REPORT CLAIMANTS WHO DISCOURAGE THEIR OWN

HIRE, AS PROVIDED IN THIS SUBSECTION. THE FORMS SHALL INCLUDE

NOTICE OF THE PROVISIONS OF SECTION 802.

(3) A CLAIMANT WHO UNREASONABLY DISCOURAGES THE CLAIMANT'S

OWN HIRE IN SUITABLE WORK SHALL BE CONSIDERED TO HAVE REFUSED AN

OFFER OF WORK FOR PURPOSES OF THIS SUBSECTION.

* * *

Section 2. This act shall take effect immediately.

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